End User License Agreement

Please read through these conditions of use carefully before using the Software.

These terms and conditions ('Terms of Use') are a binding legal agreement among you ('You' or 'Your'), Daikin Industries, Ltd., a company having its business address at Umeda Center Building, 2-4-12 Nakazaki-Nishi, Kita-ku, Osaka 530-8323, Japan and Daikin Malaysia Sdn. Bhd. (Company No. 112531-W), a company having its registered office at Lot 50, Jalan BRP 8/2, Persiaran Bukit Rahman Putra 3, 47000 Sungai Buloh, Selangor, Malaysia (collectively 'Daikin') concerning the use of the mobile application known as GO DAIKIN ('Software') and constitutes the complete agreement among Daikin and You. These Terms of Use shall supersede any other provisions, terms and conditions set forth by You, and the rights of the parties shall therefore be governed exclusively by the provisions, terms and conditions set forth herein.

By using the Software, You agree to be bound by the terms and conditions of these Terms of Use. If You do not agree with these Terms of Use, You may not use the Software in any manner.

1. Use of the Software

a) Subject to the terms and conditions of these Terms of Use, Daikin grants You a free, non-exclusive and non-transferable license to use the Software on devices with suitable OS as designated by Daikin for the purpose to remotely monitor and control Your Daikin equipment in the country of Your choice in Malaysia and Singapore and their territories and possessions (where available 'Territory').

b) These Terms of Use do not grant any right of use in any manner other than the above. In particular You are advised that the re-distribution, sale, lease, rental, sublicense or export of the Software in any form without written authority from Daikin is explicitly prohibited. Unless as explicitly permitted under these Terms of Use, You shall not copy, reproduce, modify, transmit or distribute the Software or any portion thereof, or facilitate a third party to do so. You will not submit any information on the Software that is unlawful.

c) In case the Software is downloaded, installed and/or used by You as an Apple application, at all times, You will comply with the terms and conditions of Apple as applicable from time to time and available on http://www.apple.com/legal/terms/ and/or any terms and conditions of third parties applicable with respect to the use of the Software.

d) In case the Software is downloaded, installed and/or used by You as a Google Play Store application, at all times, You will comply with the terms and conditions of Google Play Store as applicable from time to time and available on http://www.google.com/mobile/android/market-tos.html and/or any terms and conditions of third parties applicable with respect to the use of the Software.

e) The Software is to be downloaded, installed and used on Your costs and expenses on Your own device in accordance with these Terms of Use.

f) Through the Software Daikin may distribute advertisements on our own or on third parties' behalf.

2. Account registration

a) You may need a prior registration of an account for certain functions of the Software.

b) Daikin will consider any use of the Software as usage by the user who performed the registration. Daikin shall in no circumstances be liable for any damages arising out of any abuse or misuse of registered accounts by third parties due to Your inappropriate management of Your registered account.

3. Copyright

a) Daikin owns or is licensee of all (intellectual) property rights in the Software and its content and You acknowledge that You do not acquire any rights in respect of such intellectual property rights, except as otherwise explicitly provided in these Terms of Use.

4. Trade Name / Trade Marks

a) All Trade Names and Trade Marks displayed through the Software (if any) that belong to Daikin now or hereafter is/shall be the sole property of or are licensed to Daikin or its affiliate(s). Your use of the Software should not be construed as granting, by implication or otherwise, any license or right to use any Trade Names and Trade Marks displayed through the Software (if any).

5. Disclaimer of warranty

a) Daikin has compiled the content of the Software (including translations) to the best of its knowledge. The present Software (and its content) is however drawn up by way of information only and does not constitute an offer binding upon Daikin. Daikin does not warrant that the Software will be error-free. The Software and its content is provided on an 'AS IS' basis, without warranty of any kind - either express or implied, including but not limited to warranty of title and against infringement or implied warranties of merchantability or fitness for a particular purpose - being made in relation to the completeness, availability, accuracy, reliability of the Software or its content and the products and services presented therein.

b) The Software has inherent limitations including but not limited to possible design faults and programming bugs. The entire risk to the quality and performance of the Software is borne by You, and it is Your responsibility to ensure that it does what You require it to do prior to using it for any purpose (other than testing it).

6. Limited liability

a) When You use the Software You acknowledge and accept that You do so at Your sole risk. To the maximum extent permitted by applicable law, Daikin shall not be liable to You or any other party for any direct, indirect, general, special, incidental, punitive and/or consequential damages arising out of the use or inability to use the Software and/or the interpretation of its content. You agree that under no circumstances You shall have any claim against Daikin or associated companies whether as employee, subcontractor, agent, representative, consultant, installer or otherwise for loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by You or any other party from any cause whatsoever, howsoever arising in connection with the use of the Software and its content even where Daikin were aware or ought to have been aware of the potential of such loss.

7. Indemnity

a) You indemnify Daikin and affiliated companies and hold them harmless against any claims which may arise from any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction which may be suffered by You or any other party whatsoever as a consequence of any act or omission of Daikin or affiliated companies, whether negligent or not, arising out of Your use of the Software and its content or from any cause whatsoever, howsoever arising in connection with the Software.

8. Amendments

a) Daikin reserves the rights to terminate the Software, to release new versions of the Software (including changes in functionality or interface) that could replace earlier released versions of the Software or to update the Software's content, in whole or part, at any time at Daikin's own discretion and without prior announcement.

b) Daikin reserves the right to modify from time to time these Terms of Use at Daikin's own discretion and without prior announcement. You are responsible for informing Yourself of these Terms of Use in force at the time of access and use of the Software.

9. Data protection

a) Daikin will collect (i) before You being able to use the Software, the IP address on the adapter of Your Daikin equipment to enable communication between the server and the adapter, (ii) in the course of use of the Software, operating status of Your Daikin equipment, (iii) in the course of use of the Software, the name of Your Daikin equipment and (iv) in the course of use of the Software, the IP address of Your own device to be designated and registered with the Software by You (collectively 'Your Data').

b) Daikin only collects Your Data as You have chosen to download and use the Software, You have thus demonstrated an interest in its content and, accordingly, Your Data could be made available to the members of our marketing department or the marketing responsibles of our subsidiaries and/or independent distributors in the Territory and allocated by them to keep You informed about the Software or its content, and/or to use Your Data for anonymous analysis for marketing and sales purposes, such as to measure the use of the Software by country/geographical location. Daikin will not use Your Data for other purposes.

c) Daikin may (i) control, process and store Your Data on a server located inside or outside the country where You live but in the Territory, and (ii) have Your Data controlled, processed and stored by a third-party server provider as designated by Daikin on a server located inside or outside the country where You live but in the Territory for the purpose of outsourcing any portion of the service to be provided through the Software; provided, however, that Daikin shall cause such third-party service provider to take appropriate measures to protect Your Data. For the avoidance of doubt, Daikin may process or arrange the processing of Your Data on a server located in Singapore.

d) Except as expressly provided herein, Daikin shall not disclose Your Data to third parties without Your prior consent. Notwithstanding the foregoing, Daikin may disclose Your Data to meet any applicable law, regulation, legal process or enforceable governmental request.

10. Miscellaneous

a) The provisions of these Terms of Use shall also apply to and bind Your legal successors, administrators, legal representatives, and Your permitted assignees.

b) Except where explicitly stated otherwise herein, if any provision of these Terms of Use is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases You agree to attempt to substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intention of the invalid or unenforceable provision.

c) The validity and interpretation of these Terms of Use will be governed by the laws of Malaysia and any claim arising out of these Terms of Use shall exclusively be brought to the Malaysia courts.

PERSONAL DATA PROTECTION POLICY

At Daikin Malaysia Sdn Bhd [Company No. 198401000011(112531-W)], and our subsidiaries, Daikin Malaysia Sales & Service Sdn Bhd [Company No. 198301014326(109719-M)], Daikin Applied (Malaysia) Sdn Bhd [Company No. 199501041033(370237-T)], Acson Malaysia Sales & Service Sdn Bhd [Company No. 198401017130(129688-D)], Daikin Refrigeration Malaysia Sdn Bhd [Company No. 197701003498(34543-W)], Daikin Electronic Devices Malaysia Sdn Bhd [Company No. 199001017719(209388-K)], Daikin Steel Malaysia Sdn Bhd [Company No. 198401019774(132332-V)], Daikin Research & Development Malaysia Sdn Bhd [Company No. 199101012047(222359-H)], American Air Filter Manufacturing Sdn Bhd [Company No. 198501005068(137508-X)], Total Solutions M & E Sdn Bhd [Company No. 200101012444(548200-X)], Total Solutions M & E (Northern) Sdn Bhd [Company No. 201301013694(1043532-U)], BICT Engineering Sdn Bhd [Company No. 200601024545(744299-U)], BICT Engineering (South) Sdn Bhd [Company No. 200801033380(834717- D)] (collectively "Daikin Malaysia"), we are committed in protecting Personal Data (as defined below) of individuals in accordance with the Malaysia's Personal Data Protection Act 2010 (as may be amended from time to time) ("PDPA").

This Personal Data Protection Policy ("Policy") describes the types of Personal Data we may collect from you, how we collect it, how we may use that information, and with whom we may share it. Our Policy also describes the measures we take to protect the security of the information you provide to us, including without limitation through this website. We also tell you how you can reach us to update your Personal Data, ask questions you may have about our personal data protection practices and provide feedback on our personal data protection practices.

"Personal Data" in this Policy includes any data that can identify an individual and shall include "personal data" and "sensitive personal data" as defined under the PDPA.

1. Personal Data that we collect

The types of Personal Data that we collect about individuals include:

1. Name
2. NRIC number / Passport number
3. Mobile number
4. Vehicle number
5. Personal email address
6. Residential address
7. Residential telephone number
8. Photographs
9. Video and CCTV footage
10. Such information as may be required by law or as may be required by Daikin Malaysia's
    internal policies and practices, including such information necessary due to Covid-19
    pandemic outbreak

You may have provided the Personal Data to us personally or authorized other individuals to provide the Personal Data to us and consent (on your behalf) to our collection of your Personal Data from these individuals. These individuals could be your superiors, employees, subordinates, colleagues and your family members.

Where you give us Personal Data about other individuals, you confirm that you are authorized to disclose and consent, on their behalf, to the processing of such Personal Data for the purposes described in the section "Purposes for which we collect and use Personal Data", or other purposes for which your consent has been sought and obtained.

2. Purposes for which we collect and use Personal Data

We only collect and use Personal Data for purposes which you have consented to and for which we have been authorized. If we need to use your Personal Data for any purpose which you have not previously consented to, we would seek your consent prior to using your Personal Data for the new purpose.

We collect and use the Personal Data that you provide to us for the following purposes:

If you are a Vendor / Service Provider / Business Partner (which shall, where the context requires, include their staff, employee or agents or potential Vendor / Service Provider / Business Partner)

1. To conduct due diligence / background checks that are mandated by legislation or Daikin Malaysia's internal policies and practices;
2. For the purposes of the supply of products and services and support by vendors / service providers / business partners to Daikin Malaysia;
3. To keep vendors / service providers / business partners updated on changes to Daikin Malaysia policies;
4. To update vendors / service providers / business partners from time to time on existing and new products, conducting maintenance and other matters related to the services and products of Daikin Malaysia;
5. Security and health clearance / entry access into Daikin Malaysia's premises;
6. To facilitate attendance at events/functions/seminars organized by Daikin Malaysia;
7. To facilitate any surveys done by Daikin Malaysia;
8. For purposes that are ancillary to or in furtherance of the above purposes e.g. ancillary to or in furtherance of facilitating attendance at events/functions/seminars organized by Daikin Malaysia, we will use your Personal Data to communicate with you concerning the invitation to the events/functions/seminars and inform you of updates on the events/functions/seminars and to seek your feedback or comments on your attendance of the events/functions/seminars;

If you are a Customer (which shall, where the context requires, include their staff, employee or agents, or potential Customer)

1. To conduct due diligence / background checks that are mandated by legislation or Daikin Malaysia's internal policies and practices;
2. To provide products and services and to communicate with customers as part of providing products and services;
3. To respond to queries or comments on Daikin Malaysia's products and services;
4. To update customers from time to time on existing and new products, conducting maintenance and other matters related to the services and products of Daikin Malaysia;
5. Security and health clearance / entry access into Daikin Malaysia's premises;
6. To facilitate attendance at events/functions/seminars organized by Daikin Malaysia;
7. To facilitate any surveys done by Daikin Malaysia;
8. For purposes that are ancillary to or in furtherance of the above purposes e.g. ancillary to or in furtherance of facilitating attendance at events/functions/seminars organized by Daikin Malaysia, we will use your Personal Data to communicate with you concerning the invitation to the events/functions/seminar and inform you of updates on the events/functions/seminars and to seek your feedback or comments on your attendance of the events/functions/seminars;

If you are an Employee

1. To conduct due diligence / background checks that are mandated by legislation or Daikin Malaysia's internal policies and practices;
2. To provide products and services and to communicate with employee as part of providing products and services;
3. To update employees from time to time on existing and new products, conducting maintenance and other matters related to the services and products of Daikin Malaysia;
4. Security and health clearance / entry access into Daikin Malaysia's premises;
5. To facilitate attendance at events/functions/seminars organized by Daikin Malaysia;
6. To facilitate any surveys done by Daikin Malaysia;
7. For purposes that are ancillary to or in furtherance of the above purposes e.g. ancillary to or in furtherance of facilitating attendance at events/functions/seminars organized by Daikin Malaysia, we will use your Personal Data to communicate with you concerning the invitation to the events/functions and inform you of updates on the events/functions/seminars and to seek your feedback or comments on your attendance of the events/functions/seminars;

Others

1. To evaluate applications for employment / job positions within Daikin Malaysia and its group of companies.
2. To evaluate applications for scholarships and to award scholarships to eligible parties
3. To evaluate applications for internships and industrial attachments
4. To conduct due diligence/background checks on job applicants
5. To facilitate any surveys done by Daikin Malaysia;
6. To promote existing and new products to potential customers;
7. To organize and manage events for community and charitable purposes
8. Security and health clearance / entry access to Daikin Malaysia premises
9. To facilitate attendance by any participant at events/ functions/seminars organized by Daikin Malaysia.

3. Disclosure, sharing and transfer of Personal Data

Daikin Malaysia does not sell or rent Personal Data that we collect from individuals, including our website visitors. In the course of or in connection with providing our products and services to our clients, we disclose, share and transfer Personal Data to the following parties for the following purposes;

1. To our customers/vendors/subcontractors/consultants/business partners for tender purposes.
2. To our agents and sub-contractors for the purposes of providing products and services to our customers on our behalf.
3. To our business partners for the purposes of providing products and services to our customers;
4. To government and non-government authorities, agencies and/or regulators as required under law or under directions or orders from the government and non-government authorities, agencies and/or regulators for security, regulatory approvals or permits;
5. To our parent company Daikin Industries Limited, Japan and other Daikin Malaysia group entities for the purpose of responding to questions, concerns, comments or feedback on our products or services or our business, or to share knowledge on issues such as industry developments, Daikin Malaysia's business, market outlook, corporate events and other products and services of the Daikin Malaysia that may be of interest to your company, organization or business.
6. To other Daikin Malaysia group entities to facilitate the provision of products and services to our customers where the project or engagement involves other Daikin Malaysia entities.
7. To event organizers and service providers to facilitate the planning of events / functions/seminars that Daikin Malaysia organizes or is involved in.
8. To credit reporting agencies registered under the Credit Reporting Agencies Act, 2010 for any credit evaluation or risk management related purposes.

We also disclose and transfer Personal Data to the following parties for the purposes of managing, operating, administering and running our business and for our business and legal purposes:

1. To other Daikin Malaysia group entities for purposes of evaluating our products and services and our business as a group.
2. Financial institutions for purposes of payments and transactions related to Daikin Malaysia provision of products and services or related to products and services provided to Daikin Malaysia by our vendors / service providers / consultants
3. To our service providers (who may be located outside Malaysia) that have been retained to perform services on our behalf or on behalf of Daikin Malaysia group entities, including:
   
   1. Service Providers who provide IT and outsourcing services such as data storage, electronic mail services, deployment of management operations for information technology, survey administration services and HR outsourcing services;
   2. Professional, financial and legal advisors, tax advisors, auditors, insurers and insurance brokers;
   3. Vendors, service providers and consultants that have been engaged to help manage, operate, administer and run Daikin Malaysia operations and business process or provide services to facilitate our provision of our products and services; and
   4. External contractors to provide consultancy and evaluative services to Daikin Malaysia and for Daikin Malaysia's products and services, or organize events or seminars for Daikin Malaysia.
4. For job applicants, your Personal Data may be shared with other Daikin Malaysia group entities if Daikin Malaysia takes the view that you may be suitable or eligible for another job position within other Daikin Malaysia group entities, unless you inform us otherwise (please refer to Section 7). The Personal Data will be used in a confidential manner to help Daikin Malaysia group entities monitor their recruitment processes.

Daikin Malaysia requires that the parties to whom we transfer Personal Data and our service providers implement adequate levels of protection in order to protect Personal Data. We also require that these parties only process Personal Data strictly for purposes for which we engage them for and consistent with the purposes that we have described in the section "Purposes for which we collect and use Personal Data" or with other purposes for which consent has been sought and obtained.

In addition, we would disclose Personal Data in the following circumstances:

1. we are required to do so by law;
2. in response to a request from law enforcement authorities or other government officials;
3. to comply with a court order or direction from a government agency or regulatory authority ordering the disclosure of the Personal Data; and
4. where the disclosure is necessary for investigations or legal proceedings.

4. Online dealings with Daikin Malaysia's website

Cookies

We collect information about your use of our website from cookies. Cookies are packets of information stored in your computer which assist your website navigation by customizing site information tailored to your needs. Cookies in themselves do not identify the individual user, just the computer used. You are not obliged to accept cookies. If you are concerned, you can set your computer either to accept all cookies, to notify you when a cookie is issued, or not to receive cookies at any time. However, rejection of cookies may affect your use of the website as we will be unable to personalize aspects of your use of the website.

Links To Third Party Websites

Please be informed that this Policy applies solely to our website and does not apply to any third party websites you may access from our websites. To determine how they deal with your Personal Information, you should ensure that you read their respective privacy policies.

5. Protection and Security of Personal Data

We employ a range of technological and physical security arrangements and maintain safeguards to protect against the accidental or unauthorized access, collection, use, disclosure, copying, modification, disposal, deletion and other similar risks to Personal Data.

6. Retention of your Personal Data

Daikin Malaysia only retains Personal Data for as long as the retention is required for the purposes for which we collected the Personal Data, the purposes described in this Policy and for our business and legal purposes.  Generally, we do not retain Personal Data for a period of longer than 7 years after original purposes for which the Personal Data was collected have ceased to be applicable, unless otherwise required by law or other mandatory directions by court or government authorities or for purposes of legal proceedings or other similar proceedings or investigations.

For unsuccessful job applicants, Daikin Malaysia will retain your Personal Data for no longer than one (1) year for the purposes of evaluating your suitability for future job openings within Daikin Malaysia group of companies, unless you inform us otherwise (please refer to Section 7).

7. How to Contact Us

If you have any questions or comments about this Policy and our policies and practices on our collection, use, disclosure or retention of Personal Data, please contact the Data Protection Officer:

Email address:
data@daikin.com.my

Telephone:
03-61458600

Mailing address:
Data Protection Officer
Daikin Malaysia Sdn Bhd
Lot 60334, Persiaran Bukit Rahman Putra 3
Taman Perindustrian Bukit Rahman Putra
47000 Sungai Buloh, Selangor D.E.

If you are a job applicant and wish to inform us that:

1. you do not wish for Daikin Malaysia to share your personal data with other group companies in the Daikin Malaysia group for evaluating your suitability or eligibility for another job position within the Daikin Malaysia group other than the one you are applying for; or
2. you do not wish for Daikin Malaysia to retain your personal data for the purposes of evaluating your suitability for future job openings within Daikin Malaysia, please contact:

Email address:
hrresume@daikin.com.my

Telephone:
03-61458600

Address:
HR Data Protection
Daikin Malaysia Sdn Bhd
Lot 60334, Persiaran Bukit Rahman Putra 3
Taman Perindustrian Bukit Rahman Putra
47000 Sungai Buloh, Selangor D.E.

8. Updating or correcting your Personal Data

Daikin Malaysia takes reasonable measures to ensure that the Personal Data we collect about individuals are accurate and complete.  For this reason, if there is any change or update in Personal Data, we would like to know about these changes or updates.  If there is a change or an update in your Personal Data or if there is a need to correct any Personal Data of yours that we have, please write to us and provide us with the following details:

• Your name and an email address or mailing address at which we can contact you.
• The nature of our relationship with you.
• The Personal Data for which there has been a change, update or correction.

You may send your requests to the Data Protection Officer at the contact details listed in Section 7 above.

We will endeavor to acknowledge the receipt of your request within seven (7) working days after the date of receipt of your request if it is sent by email, or within seven (7) working days after the date of receipt of your request if it is sent by post. As it is important to us that the Personal Data that we have about you is accurate and complete, it may be necessary for us to request for supporting documentation from you. We will contact you if we require supporting documentation from you.

There may be circumstances where we will not update to correct Personal Data, including:

1. The Personal Data is opinion data that is kept solely for an evaluative purpose: and
2. The Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.

9.  Your requests and Feedback on your Personal Data with us

You may request for information from Daikin Malaysia on what Personal Data of yours we have and how we have used and shared your Personal Data during the last one year before the date of your request by contacting us at the address provided above at Section 7. Daikin Malaysia may charge a reasonable fee to cover the administrative costs of responding to your request for information.

You may also choose to withdraw your consent to Daikin Malaysia’s use, collection, sharing or processing of your Personal Data at any time. To learn more about how you can withdraw your consent, you may contact us at the address provided above at Section 7. Please understand that your withdrawal of your consent to our use of your Personal Data may affect our provision of products and services to you or our business dealings with you, depending on the nature of your relationship with us.

If you have any concerns, feedback or complaints about the use and/or sharing of your Personal Data, we are open to receiving your feedback or complaint. To learn more about how you may submit a complaint about our use and/or sharing of your Personal Data, please contact us at the address provided above at Section 7.

10. English version to prevail

In the event of any conflict between the English and Bahasa Malaysia versions of this Privacy policy, the English version shall prevail.

11. Updates to this Personal Data Notice

We may change or update portions of this Policy at any time and without prior notice to you. Please review this Policy from time to time so you are aware of any changes or updates to this Policy. We will indicate the effective date of this Policy. If you do not agree with any of the changes or updates to this Policy, you have the option of withdrawing your consent to our collection, use, disclosure and processing of your Personal Data (please refer to Section 9 above).

Policy Updated: 15 July 2024